Visitor to Work Permit Public Policy & Applying OWP and Closed Work Permit

[akiraro]

Hi,

I have been working in Canada for almost 3 years with my PGWP and there is some issue with my work permit where it should get automatic renewal last year but nothing happened

I am currently lost my maintained status because I left Canada 2 months ago and now only have visitor record. Right now I am waiting for my OWP under the new public policy (https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/post-graduation-work-permit-holders/apply-in-canada.html) to be processed

I also have a job offer right now and the employer want to onboard me immediately but I know that I am not legally allowed to work right now. I noticed there is a public policy for Visitor to apply Employer Specific WP (https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/visit-to-work.html) and if I apply for this one, I could request Interim Work Authorization to start work immediately.

However, when I check the requirement, it says that I need a job offer with LMIA. Does this necessary and how do I request this ? How long it will take for my employer to provide this ?

I also would like to know if it is possible if I submit the Closed WP application while I am still waiting for my OWP application ?

TIA

 

[scylla]

Hi,

I have been working in Canada for almost 3 years with my PGWP and there is some issue with my work permit where it should get automatic renewal last year but nothing happened

I am currently lost my maintained status because I left Canada 2 months ago and now only have visitor record. Right now I am waiting for my OWP under the new public policy (https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/post-graduation-work-permit-holders/apply-in-canada.html) to be processed

I also have a job offer right now and the employer want to onboard me immediately but I know that I am not legally allowed to work right now. I noticed there is a public policy for Visitor to apply Employer Specific WP (https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/visit-to-work.html) and if I apply for this one, I could request Interim Work Authorization to start work immediately.

However, when I check the requirement, it says that I need a job offer with LMIA. Does this necessary and how do I request this ? How long it will take for my employer to provide this ?

I also would like to know if it is possible if I submit the Closed WP application while I am still waiting for my OWP application ?

TIA

The public policy only applies if you have submitted an application for a closed work permit.

Information about the LMIA process is in the link below. This is quite an involved and long process - it would take a minimum of a few months. You cannot obtain an approved LMIA. This is something your employer must do. The process requires your employer to advertise your job for at least a month according to the LMIA requirements to prove no Canadian could be hired for your role and also requires your employer to pay a $1K fee once they submit the LMIA application. Details here: https://www.canada.ca/en/employment-social-development/services/foreign-workers/median-wage/high/requirements.html

Yes, if your employer gets an approved LMIA, you could apply for the closed work permit at the same time as the OWP.

 

[akiraro]

The public policy only applies if you have submitted an application for a closed work permit.

Information about the LMIA process is in the link below. This is quite an involved and long process - it would take a minimum of a few months. You cannot obtain an approved LMIA. This is something your employer must do. The process requires your employer to advertise your job for at least a month according to the LMIA requirements to prove no Canadian could be hired for your role and also requires your employer to pay a $1K fee once they submit the LMIA application. Details here: https://www.canada.ca/en/employment-social-development/services/foreign-workers/median-wage/high/requirements.html

Yes, if your employer gets an approved LMIA, you could apply for the closed work permit at the same time as the OWP.

If getting LMIA takes a few months, then it will be useless because the processing time for my OWP will take another 2/3 months

is there any faster way in order for me to start working immediately ?

 

[scylla]

If getting LMIA takes a few months, then it will be useless because the processing time for my OWP will take another 2/3 months

is there any faster way in order for me to start working immediately ?

Not that I'm aware of. Maybe someone else will be able to help.